Durham v Durham

This matter concerned a dispute between a supplier, CSG, and a dealer regarding dealership agreements for multi-function photocopiers. The central issues were whether CSG had determined "target quotas" in accordance with the agreements, whether the dealer had breached the agreements by creating a potential conflict of interest, and whether the dealer was entitled to terminate the agreements for breach of essential conditions. A further question arose as to whether the word "assign" in the dealership agreements encompassed the novation of service contracts between the dealer and its customers.

The Court of Appeal granted CSG leave to appeal and directed it to file a notice of appeal within seven days. The parties were then to file agreed short minutes of order giving effect to the judgment, including any question of costs, within fourteen days. If agreement could not be reached, CSG was to file its proposed short minutes and submissions within fourteen days, with the respondent to file its proposed minutes and submissions within a further fourteen days.